Umm... I don't see where in Patent Law it says "articles of manufacture" are
patentable:
Whoever invents or discovers any new and useful process,
machine, manufacture, or composition of matter...
Definition of
manufacture:
The making of articles on a large scale using
machinery
And while Statues are carved from a composition of matter, marble
is certainly not new.
Nowhere does Patent Law say:
Whoever
invents or discovers any new and useful process, machine, manufacture,
composition of matter, or product of manufacture...
Which
means I'll have to refine slightly my previous thoughts on the subject of
whether an end result of a cake is patent eligible.
The end result of a
cake does not pass basic 101 patent eligibility on the grounds it is "a result
of manufacture". But it would pass basic 101 patent eligibility because the
first cake would have been a "new composition of matter". Obviously, if the
composition was found in nature, it would not be new and fail.
The marble
a statue is carved from - however - is found in nature. So even if you managed
to create a crystalline metamorphic structure with all the matching attributes
of marble:
it would still fail basic 101 patent eligibility because it's not
new
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